Conditional discharge is a form of deferred adjudication in which the sentence is served with probationary conditions attached, under which the full penalty may be reinstated upon a violation of the terms of probation during the stated probationary period. Availability of conditional discharge, conditions and lengths of probationary periods vary by state and by the individual case. It is more commonly used in cases of first offenders and juvenile offenders.
Massachusetts Motion for Probation or Conditional Discharge
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How to fill out Motion For Probation Or Conditional Discharge?
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Standard Conditions of Probation These include that the offender will: Avoid committing a crime of any type while on probation. Not travel outside of the jurisdictional area without prior consent of the court. Support their children and fulfill family responsibilities.
Rule 29(a)(1), Illegal Sentences, provides that, within 60 days after a trial judge imposes a sentence, either the Commonwealth or the judge may move to revise or revoke that sentence if any part of the sentence is illegal.
If you want to travel out of the state ? You may be given permission to travel outside the state if you're in compliance with the court-imposed conditions of your probation, have received permission from your probation officer, and have been issued a signed travel permit. Travel permits may be issued for up to 14 days.
Conditions might include drug testing, AA or NA meeting attendance, counseling, a curfew, an order to stay away from certain people or places, or other requirements depending upon your case. Often you are required to check in periodically with a Probation Officer.
After you have completed one half of your term of supervision, you can request early termination through your U.S. Probation Officer.
Types of Probation in Massachusetts The two most common are unsupervised and supervised. Unsupervised probation is normally granted for minor crimes. It typically requires some type of informal check-in such as mailing a postcard every so often with certain information.
Maintaining steady gainful employment or staying in school. Obeying all applicable federal, state and local laws. Not traveling (or moving) outside of Massachusetts without permission of the probation officer or the court. Notifying the probation officer of any change of address or employment.
The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substance, except as prescribed by a physician.